ADA Flashcards

1
Q

The mortgage lending department of Bank XYZ received some inquiries from potential applicants who are visually impaired. The bank would like to comply with ADA concerning these potential applicants, but it does not want to spend a significant amount of money. Which of the following statements is true?

a. The bank must have its loan application and disclosures translated into Braille.
b. The bank may have a loan assistant read each loan application and disclosure document to the applicant and assist in completion of the forms.
c. The bank may require the applicant to bring a sighted friend or relative to the bank to assist in completing the application.
d. The bank may make a policy not to lend money to blind persons.

A

b. The bank may have a loan assistant read each loan application and disclosure document to the applicant and assist in completion of the forms.

Although the bank may have its documents translated into Braille, it is not required to do so. The bank cannot require that the applicant bring a nondisabled friend, and it cannot make a policy that blatantly discriminates against a class of disabled persons.

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2
Q

Bank A offers safe deposit services in a vault area that contains a door too narrow for wheelchair passage. The bank cannot widen the door because of the vault construction. Therefore, when a customer in a wheelchair needs access to a safe deposit box the customer cannot enter the vault. The bank provides viewing rooms for all safe deposit customers, and one of these rooms has a door wide enough for a disabled customer to enter. Which of the following must the bank do to provide safe deposit box service to wheelchair customers?

a. Remove the old vault and install a new vault to allow wheelchair access
b. Construct an alternative facility in which to store the safe deposit boxes of wheelchair customers
c. Require wheelchair customers to be accompanied by a walking individual to retrieve the safe deposit box for the customer
d. Bring the safe deposit box to the customer and provide an accessible area where the customer may privately have access to the contents

A

d. Bring the safe deposit box to the customer and provide an accessible area where the customer may privately have access to the contents

The bank must make this service available in a manner that provides equal benefits. Because a nondisabled person would not have to be accompanied by another individual, the bank cannot require this of a disabled person. Also, the construction of a new vault is a significantly expensive undertaking, one that would probably impose an undue burden on the bank. The best alternative is to provide the disabled person with access to a private location and have bank personnel retrieve and deliver the box.

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3
Q

Bob’s wife is HIV-positive due to a blood transfusion during an appendectomy 15 years ago. She is not yet sick, but takes medication to prevent the onset of AIDS. Bob occasionally needs to take time off from work to take her for testing at Johns Hopkins in Baltimore. Because of complaints about Bob’s exposure to this disease, employees have asked HR to limit his contact with them and with customers. The bank has asked Bob not to eat in the lunchroom with the other employees and has placed Bob in a position where he has limited customer contact. Does this company have any potential ADA liability?

a. No. Bob’s exposure to HIV could endanger other employees and customers
b. No. Because the hiring manager does not know that Bob actually has HIV or AIDS, there is no liability
c. Yes. Because the manager has associated Bob with this disease, the ‘‘associated with’’ rule applies
d. Yes. Because the manager has regarded Bob as having a disability, he has been ‘‘regarded as’’ disabled and the ADA applies

A

c. Yes. Because the manager has associated Bob with this disease, the ‘‘associated with’’ rule applies

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4
Q

Which of the following activities is permitted under ADA?

a. Issuing a policy against making loans to health care providers who regularly work with infectious patients
b. Prohibiting smoking anywhere in the bank building
c. Providing readers to visually impaired loan applicants for a $15 fee
d. Requiring disabled depositors to use a teller window that is specially constructed for the use of disabled persons

A

b. Prohibiting smoking anywhere in the bank building

The bank cannot discriminate against persons who regularly associate with persons with disabilities. It also cannot charge for auxiliary devices that are used as a reasonable accommodation. Therefore, it cannot charge for the readers. The bank may not force a disabled person to use a segregated service, such as a special teller window. If the disabled person wants to use the regular window, the bank must allow him or her to do so. The bank may prohibit smoking within the building.

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5
Q

Under the ADA, what can an employer do?

a. Inquire about a disability if the disability is obvious to the interviewer at the time of the job interview
b. Inquire about a disability when offering a job provided the disability is related to the job requirements
c. Refuse to make an accommodation for a disability if 50 persons or fewer are employed
d. Note the disability in the employee’s file so that other managers will be aware of it when interviewing the employee for future position changes

A

b. Inquire about a disability when offering a job provided the disability is related to the job requirements

The employer may inquire about a disability that is related to the job function. If necessary, the employer must provide a reasonable accommodation so that the employee can perform the necessary job functions.

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6
Q

ABC Bank has several customers with hearing disabilities. Of the following, which statement is true?

a. The bank can require its customers to bring hearing companions to interpret for them
b. The bank must hire an interpreter to assist with communications with disabled customers
c. The bank is not required to make any accommodations to disabled customers
d. The bank must reasonably provide auxiliary aids and services to assist in communications with its disabled customers

A

d. The bank must reasonably provide auxiliary aids and services to assist in communications with its disabled customers

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7
Q

Which of the following employment practices is NOT legal under ADA?

a. Establishing a policy that prohibits hiring alcoholic applicants
b. Establishing a policy that prohibits smoking at any time at work
c. Holding employees who are certified alcoholics to the same performance standards as other employees
d. Refusing to hire an employee who currently uses illegal drugs

A

a. Establishing a policy that prohibits hiring alcoholic applicants

The bank may establish a policy that prohibits hiring applicants (or permits the firing of employees) who are under the influence of alcohol while at work. Because alcoholism is a disability, the bank cannot have a policy of refusing to hire such persons. However, the bank may hold the employee to the same performance standards and rules, (including those against being under the influence of alcohol at work) as the other employees.

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